ТЕОРЕТИКО-ПРАКСЕОЛОГІЧНІ ПРОБЛЕМИ ЗАСТОСУВАННЯ ПОКАРАННЯ У ВИДІ АРЕШТУ В УКРАЇНІ

Abstract

The authors argue that it is inappropriate for individual scholars to serve a sentence in the form of arrest in their free time (on weekends, possibly at night). This position states that serving a sentence on weekends and at night will greatly reduce its effectiveness, as it will be perceived by the child as a simple night or kind of two-day break. The deep meaning of any punishment must be the criminal offender’s understanding of the unfavorable, inconvenient situation in which he loses a significant number of his rights. Thus, even a 45-day break from study will not suffer the same harm as a “light” version of punishment. Secondly, the desire to create a favorable environment may not be fully combined with the ultimate goal and essence of punishment. With regard to house arrest as a potential form of punishment for juveniles, attention is drawn to the fact that finding a teenager at home may adversely affect the process of correction, as the environment can have a destructive effect on his psychiсs state and personality. It is concluded that to date, arrest as a form of punishment for both adults and juvenile offenders has almost completely lost its effectiveness and efficiency. Arrest can be called a rudiment of criminal law, which requires either a revision or a complete replacement with another, more modern, criminal measure. Particular attention is paid to the arrest of minors, which can be completely replaced by a coercive measure of an educational nature in the form of referral to a special educational institution. Key words: arrest, punishment, criminal offender, criminal legislation, criminal and executive legislation, juvenile, referral to a special educational institution.